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Home My WebLink About1000-123.-8-28 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of $outhold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for STACY SHEPPARD SCTM# 123 -8 -28. STACY SHEPPARD requests a Wetland Permit for the existing 49' jetty. Located: 710 Park Ave. Ext., Mattituck. SCTM#123-8-28. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with LWRP Policy standards and therefore is CONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. It aooears that the existing groin is functionin~ and serving the 0urpose for which it was designed pursuant to l~ 275-2. § 275-2 Definitions; word usage. FUNCTIONAL JETTY/GROIN -- A jetty or groin that is at least 75%physically intact and serving the purposes for which it was designed. The proposed groin is within an existing groin field which is currently servin~ as oart of a whole in the stabilization of the coastline. Therefore the proposed action may be necessary. to further the protection of the principal structure and immediate homes within this coastal peninsular location consistent with LWRP Natural Coast sub-policy 4.1 as referenced below. NATURAL COAST POLICIES Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: D. Use hard structural erosion protection measures for control of erosion only where: 4. Construction o fa hard structure is the only practical design consideration and is essential to protecting the principal use. Further the proposed action is for the existing groin and will not result in a net increase of structure on the shoreline. Which is consistent with the Peconic Estuary Program "No Net Increase" policy of harden structures on the shoreline as noted in the Town of Southold's Pursuant to § 275-11, the applicant must comply with all standards for the construction of groins. § 275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Jetties and groins; general rules. [Amended 10-11-2005 by L.L. No. 17-2005] (a) Only low-profile jetties as defined in § 275-11 will be permitted. (b) Only in-place replacement of existing low-profile functional jetties and groins (as defined in § 275-2) is permitted. (c) Pre-backfilling of jetties and groins may be required. (d) In order to prevent the release of metals and other contaminants into the wetlands and waters of $outhold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above, cannot be applied to any jetty or groin after installation. (e) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (f) No new jetties or groins will be permitted unless the work results in a net decrease in the total number ofjefties in the subject area. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Tdwn of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM \ ~..--., ~ All applicants for pemfits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards.and co.n. di!io~contained in the consistency review law. Thus~ each answer must be explained ~n detad~ l~(mg both supporting and non- sum~ortino facts. If an action cannot be certified as consistent w~h the LWRP polic~ standarfts and conditions, it__shall not be undertake~n. A copy of the LWRP is available in the following places: online kt the To';vn of S6uthold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Departm~t, all local libraries and the Town Clerk's office. ~ { / The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board [-] Building Oep,. [] BoardofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [~ - construction, planning activity, agency regulation, land transactio~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: %~ tnl J (b) Mailing address: _rzD~i~) (c) Telephone number: Area Cod~ ~q f - g ¢ ~ ~-~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ NoD Ifyes, which state or federal agency? 7. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [] No I;Xl Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria IX) Yes [] No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LwRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No ~ Not Applicahle Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~-] No ~fi~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~'~ Yes [] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria· ~ Yes ~-~ No [x~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~'~ Yes ~ No ~] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes [] NO [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energ3~ and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [~ Not Applicable PREPAREDBY (5~0~ .3 ~'~ TITLE DATE //,) D'~ T,Z~ I1-]..01,,~ T~Of'/l..l= J~TT"/' Page 1 of 2 Hila~J, Scott I rarely argue ~br groins bul could you please consider the tbllo~ing in a dec/sion R~r Sandy Sheppard (Photo 1 White [louse, Cenler) The aerial photos indicate that the groins are ~'unctioning or ~ser~ing the purpose for which it was designed" however, through visual assessment do not appear Io be 75% "physically intact" (file photos/field assessment~ Discussion with Jill D) pursuani to: § 275-2 Definitions; word usage. 5/22/2008 Page 2 of 2 5/22/2008 Page I of 2 Hitary, Scott From: Terry, Mark Bent: Tuesday, May 20, 2008 1:31 PM TO: Dickerson, Peggy; Bob Ghosio: David Bergen: Doherty, Jitl rarely argue £or groins but could you please consider the following in a decision thr Sandy Shcppard (Photh I. White House, Ceuler). The aerial photos indicate that lhe groins are thnctioning or "sep,'ing the purpose g)r which it was designed" howevm, through visual assessment do not appem to be 75% "physically intact" (file photos/field § 275-2 Definitions; word usage. Please see that Jim receives this 5/22/2008 Page 2 o£2 5/22/2008